camarasa
07-09 06:45 PM
Change the order now to send them on Wednesday instead :-)
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jayleno
10-29 10:37 AM
None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
drona
07-10 10:27 PM
Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
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FinalGC
01-10 11:12 AM
Please unite to help the Green card Immigration issues be resolved. I am planning to send 3 letters from my house...One for me, my wife and my son.....writing directly to the President.
Lets flood the white house with letters, so that they will know how many GC applications are stuck at the USCIS and do something about it.
Lets flood the white house with letters, so that they will know how many GC applications are stuck at the USCIS and do something about it.
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Sri_1975
08-26 01:29 PM
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alterego
06-29 05:52 PM
I have a few theories on this. This is meant just to open discussion.
1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.
2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.
3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.
Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.
2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.
3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.
Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
more...
MeraNaamJoker
08-18 09:17 AM
All,
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
Yes, you are. The decision status happens when your wlecome notice gets mailed out. You will get that either today and within next couple of days. Mine also got changed like that, but only after 6 days.
Interesting part is even after I got my GREEN CARD to my hand, it is still saying the status as DECISION.
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
Yes, you are. The decision status happens when your wlecome notice gets mailed out. You will get that either today and within next couple of days. Mine also got changed like that, but only after 6 days.
Interesting part is even after I got my GREEN CARD to my hand, it is still saying the status as DECISION.
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delhiguy79
12-13 08:50 AM
Hi Canadian_Dream,
Congratulations on 485 approval...
Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.
It will be really helpful for us...Thanks in advance.
Pappu,
I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
1. Procedural Overview (Page 4)
2. File Review (Page 46)
3. Interview Waiver Criteria (Page 185)
http://www.ilw.com/seminars/august2002_citation2b.pdf
From the link above:
In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.
I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.
Congratulations on 485 approval...
Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.
It will be really helpful for us...Thanks in advance.
Pappu,
I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
1. Procedural Overview (Page 4)
2. File Review (Page 46)
3. Interview Waiver Criteria (Page 185)
http://www.ilw.com/seminars/august2002_citation2b.pdf
From the link above:
In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.
I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.
more...
sri1309
09-14 08:57 PM
Sri,
You are putting in great efforts. Thank you very much for the same. Highly appreciated.
Unless the baby cries and asks for food, mother does not feed the baby. Similarly congress will provide relief only if we ask for it.
Jungalee,
Thanks, Can you or somebody please send me the addresses where I can send these posters. I rememver seeing in one of the posts a big list, but it may take time to search all. I have yet to write 20 more posters. In the middle of it,
Sri,
EST.
You are putting in great efforts. Thank you very much for the same. Highly appreciated.
Unless the baby cries and asks for food, mother does not feed the baby. Similarly congress will provide relief only if we ask for it.
Jungalee,
Thanks, Can you or somebody please send me the addresses where I can send these posters. I rememver seeing in one of the posts a big list, but it may take time to search all. I have yet to write 20 more posters. In the middle of it,
Sri,
EST.
hair Of note, World of Warcraft#39;s
belmontboy
09-23 05:26 PM
Seems logical, but on the other hand if that were to be the case, then why isn't there a spike in June-July '07 to reflect the deluge of 485 filings?
Hmm... Did all the July 07 filer's get their Receipts in the same month???
Hmm... Did all the July 07 filer's get their Receipts in the same month???
more...
nsabavala
01-03 04:25 AM
:eek:
I had my visa interview in Mumbai on Dec 28th. A PIMS Verfication was required for them to be able to issue me a visa. This is for an H1-B extension of stay - My six years expired in Nov. 2007 and my green card is in process.
I was told the time they are taking for procesing is 48 hours but I still have not received any notification to take my papers to the VFS center.
Has anyone in this situation already received their visa and stamped passport and if so how long did it take?
I had my visa interview in Mumbai on Dec 28th. A PIMS Verfication was required for them to be able to issue me a visa. This is for an H1-B extension of stay - My six years expired in Nov. 2007 and my green card is in process.
I was told the time they are taking for procesing is 48 hours but I still have not received any notification to take my papers to the VFS center.
Has anyone in this situation already received their visa and stamped passport and if so how long did it take?
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rongch60
10-27 03:12 AM
I have two approved I-140 (NIW/TSC 06/2006 and EB1A/NSC 07/2009) and a
pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
infopass officer kindly sent an e-mail to my IO requesting for update.
Yesterday, I received a letter saying "We are actively processing this case.
However, we have to perform additional review on this case and this has
caused a longer processing time. If you do not receive a decision or other
notice of action from us within 6 months of this letter, please call
customer service at the number provided below."
Does anyone received a similar letter? Is it just some letter or some problem
with my case. I have been in this country for 11 years, used up all 6 years
of H1b, renewed EAD three times, and tried service request, called IO, wrote
to Senators/first lady. Not sure what else I can do...
pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
infopass officer kindly sent an e-mail to my IO requesting for update.
Yesterday, I received a letter saying "We are actively processing this case.
However, we have to perform additional review on this case and this has
caused a longer processing time. If you do not receive a decision or other
notice of action from us within 6 months of this letter, please call
customer service at the number provided below."
Does anyone received a similar letter? Is it just some letter or some problem
with my case. I have been in this country for 11 years, used up all 6 years
of H1b, renewed EAD three times, and tried service request, called IO, wrote
to Senators/first lady. Not sure what else I can do...
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nk2006
11-07 09:35 AM
Sending my letters this evening. finished everything moments ago..
friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.
Sorry for the folks who received denials and hope we come out this together..
Thanks laborchic.
Yes this has the potential to affect everyone - look at today's main news - 240k more jobs are lost and prediction that economy can get much more worse. The last thing we want in these times is another GC/visa related issue at back of our minds. This is the time to act before its too late.
friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.
Sorry for the folks who received denials and hope we come out this together..
Thanks laborchic.
Yes this has the potential to affect everyone - look at today's main news - 240k more jobs are lost and prediction that economy can get much more worse. The last thing we want in these times is another GC/visa related issue at back of our minds. This is the time to act before its too late.
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dontcareanymore
08-07 04:17 PM
Let's file a lawsuit against whoever started this system..LOL
On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.
:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)
On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.
:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)
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gvenkat
01-24 08:27 PM
all this is because of the stupid indian government.. they dont have treaties with any other country in the world... that is called visa reciprocation.
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
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Canadian_Dream
11-25 03:53 PM
(8) Instead of land, the above applies to stocks as well.
(9) The actual worth of land or stocks depend largely on supply and demand
No siree Bob, there is a world of difference in Stock and Land/Real Estate. The value of your land is primarily driven by emotions and other intangible benefits.
But Stocks are generally driven by future earnings and their value determined by P/E. When you buy a stock in a company: You are buying a future earnings in the form of dividend and an equity in the company. The board, CEO and employees of the company helps you get returns in your investment. For a real estate no one works towards your equity except may be you in backyard or your real estate broker.
I am not saying stocks are not subject to supply and demand. They indeed are as any other commodity that is traded in a market place. But value of stocks can be more assessed fairly from balance sheet and income statement thus investment is more predictable. What differentiates stock from real estate one is how the value of each is assessed.
(9) The actual worth of land or stocks depend largely on supply and demand
No siree Bob, there is a world of difference in Stock and Land/Real Estate. The value of your land is primarily driven by emotions and other intangible benefits.
But Stocks are generally driven by future earnings and their value determined by P/E. When you buy a stock in a company: You are buying a future earnings in the form of dividend and an equity in the company. The board, CEO and employees of the company helps you get returns in your investment. For a real estate no one works towards your equity except may be you in backyard or your real estate broker.
I am not saying stocks are not subject to supply and demand. They indeed are as any other commodity that is traded in a market place. But value of stocks can be more assessed fairly from balance sheet and income statement thus investment is more predictable. What differentiates stock from real estate one is how the value of each is assessed.
more...
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cnag
10-30 09:28 PM
I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
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brb2
10-07 09:28 PM
Hard to tell. FBI nor USCIS has ever published demographic information on name checks. Out of 1 million USC and and 1 million or so green cards some of them get stuck in name check. Indians and Chinese don't make up more than 10% of these people yet, most of the name check complaints on the web are from these two groups. It is hard to say if this means these are the most affected groups because many family category immigrants may not be very educated and articulate and may not be petitioning the government and being proactive. So it is very hard to say if one or the other group is more or less affected. You can however look up the below link and form an opinion yourself from the 4000 odd signatures of people stuck in name check:
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
.
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singhv_1980
02-05 05:47 PM
hi singhv,
no. VO said.."its approved and you should receive it by courier within a couple of days" now the embassy inquiry centre do not tell me why its delayed..i asked me them is it PIMS or some thing else..they say "sorry maam, we cannot say"
i got no email, no slip, so i dont know if its stuck in PIMS or some checks ???
And if its really NOT PIMS and something else, then how long does one estimate ?? how long could an administrative processing take ? how long could security check take ? how long could name check take ? etc etc..
shahuja
Well VO told you specifically that your visa has been approved. My bet is that you are stuck coz of PIMS then. When was your visa approved and in which service center?
I am sorry and hope you will get your PP back soon. This whole system is so scary now. I am going in Feb end in Delhi and believe me I am feeling so tense coz of this all.
no. VO said.."its approved and you should receive it by courier within a couple of days" now the embassy inquiry centre do not tell me why its delayed..i asked me them is it PIMS or some thing else..they say "sorry maam, we cannot say"
i got no email, no slip, so i dont know if its stuck in PIMS or some checks ???
And if its really NOT PIMS and something else, then how long does one estimate ?? how long could an administrative processing take ? how long could security check take ? how long could name check take ? etc etc..
shahuja
Well VO told you specifically that your visa has been approved. My bet is that you are stuck coz of PIMS then. When was your visa approved and in which service center?
I am sorry and hope you will get your PP back soon. This whole system is so scary now. I am going in Feb end in Delhi and believe me I am feeling so tense coz of this all.
pod1
04-01 04:08 PM
How long is FBI background/name check taking these days?
h1b_forever
09-14 08:28 AM
:(
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